Overview

• Are short-term rentals allowed? Colby’s zoning code does not explicitly define “short-term rentals.” However, it defines and permits “Bed & Breakfast” operations in the R‑1 Single Family Dwelling District as a private residence providing lodging and meals for transient guests by pre‑arrangement. That pathway is the clearest city‑level route for an STR. Hotels, motels, and tourist/trailer camps are classified as commercial lodging uses and must locate in commercial districts (e.g., C‑1, C‑2, C‑M, C‑3). There are no city‑specific STR licensing or registration ordinances included in the provided materials. If you intend to operate a non–owner‑occupied STR or a home‑shared rental without bed‑and‑breakfast characteristics, the city likely requires zoning compliance and an occupancy permit. Absence of a city‑specific STR rule does not imply that the use is prohibited; it must still conform to zoning, building, and fire life‑safety requirements for the district and use category.

How to Start an STR Business in This Market

• Confirm zoning feasibility.
  • If you will live on‑site and provide lodging (with or without meals), pursue a Bed & Breakfast use in R‑1. This is the most defensible path for an STR in a residential zone.
  • If you will not live on‑site or will operate a traditional lodging business (rooms, limited services, no cooking in units), plan on a commercial‑district location (C‑1, C‑2, C‑M, C‑3) consistent with hotel/motel or tourist camp uses.
• If operating as a Bed & Breakfast in R‑1:
  • Confirm the property is owner‑occupied (definition requires that the operator is a resident of the private residence).
  • Obtain a Home Occupation Permit (yearly; applied for through the City Clerk; fee not specified; expires July 1).
    • The application requires proof of mailed notice to all owners of frontage within 300 feet of the premises.
    • The Governing Body acts after receiving Planning Commission recommendation and may withhold/withdraw the permit if detrimental to the residential character.
  • Obtain Occupancy Permits and comply with building codes and the housing standards applicable to Bed & Breakfast establishments.
  • Ensure the use remains “incidental and secondary” to residential use; no exterior display; sign ≤ 6 sq ft; no exterior storage; no offensive noise/vibration/odor/heat/glare; no more than one non‑family employee (beauty shops may have two); home‑based activities must occur wholly within the principal dwelling or accessory structure (≤ 600 sq ft, ≤ 20 ft height).
  • Adhere to R‑1 district development standards (setbacks, height, parking, signage).
• If operating in a commercial district:
  • Confirm the zoning allows hotel/motel or tourist camp uses.
  • Secure site plan approval and any required special permits/approvals.
  • Obtain Occupancy Permits and meet building/fire/life‑safety standards for lodging establishments.
• Building and safety
  • Apply for and pass required inspections (occupancy, fire, health as applicable) before opening.
  • Comply with adopted City Building Codes for construction/alterations.
  • For multi‑unit or multi‑story lodging projects, consider Planned Unit Development (P.U.D.) standards if seeking design flexibility.

Required Documents, Permits, Licenses, and Guidelines

• Bed & Breakfast in R‑1:
  • Home Occupation Permit (City Clerk; annual; requires 300‑ft frontage notification and Planning Commission recommendation; Governing Body approval).
  • Occupancy Permit(s) as required by the Building Official.
  • Compliance with adopted City Building Codes (construction/alterations).
  • Parking and yard standards under R‑1 (including fence/screening for accessory swimming pools if applicable).
• Hotel/Motel or Tourist Camp (commercial districts):
  • Zoning consistency or special permit/site plan approval (Planning Commission and Governing Body).
  • Occupancy Permit(s).
  • Compliance with City Building Codes and applicable life‑safety/fire requirements.
  • Parking and loading per commercial district standards; setbacks and height per district.
• Nonconforming Use provisions:
  • A use that does not conform to the zoning district requirements is a nonconforming use. Continuation may be allowed, but expansion or intensification is restricted. Enforcement and penalty provisions exist; consult the Building Official for details.
• Signage:
  • R‑1: Church/public bulletin boards ≤ 30 sq ft; temporary lease/rent/sale signs ≤ 6 sq ft; no flashing signs; all signs must remain on the property.
  • Commercial districts: General signage is governed by commercial zoning; specific limits not provided here—confirm with Planning Commission/Building Official.
• Documentation needs (typical, to be verified):
  • Proof of property ownership or lease authorization.
  • Ownership affidavits if an entity will hold/operate the permit.
  • Floor plans, life‑safety drawings, and specifications where required by the Building Official.
  • Site plan for commercial‑district operations or multi‑unit concepts.
  • Proof of notice mailing (Home Occupation Permit path).

Specific Regulations (City, County, State)

• Zoning districts and STR‑related uses:
  • R‑1 Single Family Dwelling District:
    • Bed & Breakfast allowed as a private residence with lodging and meals for transient guests by pre‑arrangement (definition 21‑102.5).
    • R‑1 standards apply: front yard 30 ft; side yard 8 ft or 10% of lot width (max 15 ft); rear yard 30 ft or 20% of lot depth (max 50 ft); height ≤ 2½ stories (35 ft); fences: front ≤ 4 ft, side/rear ≤ 8 ft.
    • Home Occupation standards (owner‑occupancy, signs ≤ 6 sq ft, no exterior display/storage, limited non‑family employees, occupancy restrictions).
  • R‑2 Two‑Family Dwelling District:
    • Allows single‑family and two‑family uses; Bed & Breakfast is a single‑family use, but B&B definition hinges on being a private residence. Confirm with Building Official that B&B can operate in R‑2 as a private residence. Commercial lodging uses (hotels/motels) are not listed among permitted uses here.
  • R‑3 Multiple Dwelling District:
    • Allows boarding and lodging houses as permitted uses (definition 21‑102.16 excludes hotels/motels and tourist courts). Consider whether a boarding/lodging house model fits your STR concept.
  • Commercial districts (C‑1, C‑2, C‑M, C‑3): The code defines and permits “Hotel or Motel” as a commercial lodging use. Tourist/trailer camp is a separate category (camps/RVs on a temporary basis). For an STR not structured as a B&B, the commercial zoning route is generally appropriate for hotel/motel/tourist camp operations.
  • Planned Unit Development (P.U.D.):
    • May be used for innovative lodging/residential designs (e.g., multi‑unit STR projects) if consistent with P.U.D. standards (density, setbacks, common open space, off‑street parking, fire separation).
• State‑level considerations (high‑level, to verify locally):
  • Kansas lodging establishments are regulated by the State Fire Marshal’s Office under the Lodging Establishments Act. Fire/life‑safety, egress, smoke detectors, emergency lighting, and exit signage standards commonly apply to transient lodging.
  • State sales tax and local transient guest taxes may apply to lodging; confirm registration and remittance with the Kansas Department of Revenue and the City/County.
  • K.S.A. 75‑1226 et seq. governs foundation/anchoring standards for manufactured/mobile homes; if an STR involves such structures (not common for traditional STRs), ensure compliance.
• County notes:
  • No Thomas County regulations are provided here. Confirm with the County for any additional permits/fees or health department requirements that may apply to lodging operations.

Contact Information (Local Authority in Charge of STRs/Zoning/Building)

• City of Colby – Building Official / Code Enforcement: 211 21st Street, Colby, KS 67701; 785‑460‑4400 (general).
• City Clerk (Home Occupation Permits and zoning applications): 211 21st Street, Colby, KS 67701; 785‑460‑4400.
• Colby/Thomas County Metropolitan Area Planning Commission: 211 21st Street, Colby, KS 67701; 785‑460‑4400.
• Governing Body (City Council): City Hall, 211 21st Street, Colby, KS 67701; 785‑460‑4400.

Links to Source Pages

• City of Colby Zoning Regulations (Official Document Center PDF): www.cityofcolbyks.gov/DocumentCenter/View/758/City-of-Colby-Zoning-Regs?bidId=

Practical Guidance Summary

• Most viable STR path in a residential zone: Operate as an owner‑occupied Bed & Breakfast in R‑1, with a Home Occupation Permit and required occupancy/fire approvals.
• Non‑owner‑occupied, unit‑based STRs should consider commercial zoning (hotel/motel uses) or explore boarding/lodging house frameworks in R‑3.
• Site plans and special permits apply to commercial lodging; P.U.D. may be useful for multi‑unit or mixed‑use concepts.
• Confirm state lodging compliance (Kansas Lodging Establishments Act) and tax registration with state/local authorities.
• Note: Absence of a city‑specific short‑term rental ordinance means investors must meet underlying zoning, occupancy, building, and life‑safety requirements. Verify all requirements with the Building Official and Planning Commission prior to investment.